Ali Kutty vs State Of Kerala

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicant is the sole accused in Crime No.125/2021 of Tirur Police Station for having allegedly committed the offences punishable under Sections 341, 323, 324 and 307 of the I.P.C.

The prosecution case, in brief, is that on 19.02.2020 at about 2.00 PM at a place Kuttayi, due to previous enmity towards the de facto complainant, the applicant had allegedly stabbed him with a knife on his chest and abdomen causing multiple injuries to him and also caused injury to one Rafi, brother of the de facto complainant, with the intention to cause the death of the de facto complainant and thus attempted to commit murder.

The applicant states that he is innocent and the allegations are not true. The de facto complainant is a notorious criminal and is involved in several other crimes. The applicant states that on an earlier occasion on 06.02.2019, he was attacked by the de facto complainant and others, as a result of which Crime No.121/2019 was registered in the same Police Station for offences punishable under Sections 326 and 307 of the I.P.C. among others. It is also stated that the de facto complainant has four other crimes registered against him. The applicant is involved in just one other case, which is for an offence punishable under Section 308 of the I.P.C. and he was arrested on 23.02.2021 and has been in custody since then, and therefore, it is prayed that he may be released on bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor points out that the de facto complainant has caused five injuries with a dangerous weapon like a knife, but the most serious injury is measuring 2.5 x 1 cm. It is true that those injuries are caused mainly on the chest, but they are not deep enough to prove fatal. The applicant has been involved in another criminal case registered as Crime No.629/2018 for an offence punishable under Section 308 of the I.P.C. Since he has been in custody for some time, I find no reason for further incarceration of the applicant. But keeping in view of the fact that the applicant and the de facto complainant have been constantly at loggerheads and were involved in several other crimes, certain stringent conditions can be imposed for granting bail to the applicant.

As a result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

i) He shall appear before the investigating officer on all Saturdays between 9.00 AM and 12.00 noon for a period of two months or till the final report is filed, whichever is earlier;

ii) He shall not enter the jurisdictional limits of Tirur Police Station for a period of three months, except for compliance of condition No.(i);

iii) He shall not attempt to influence or intimidate the witnesses; and

iv) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.